Free Traffic Legal Advice

I don't have a suggestion for rewording this but would draw your attention to the LBTH terms and conditions for Residents Parking Permits para 8.1. From my previous experience with LBTH Parking (different circumstances to yours) their view was that a reminder email was just a courtesy and they aren't obliged to send one as 8.1 makes the resident responsible for tracking when the permit is due for renewal. Just a heads up for you on their likely response on that aspect.

https://www.towerhamlets.gov.uk/lgnl/transport_and_streets/Parking/Terms_and_conditions/Resident_parking_permit_terms_and_conditions.aspx

We know that emails aren't a written condition, but IMO this isn't the point.

It's whether such a condition does apply by virtue of custom and practice. There are no doubt reams of text books on contract law which include C&P. In short, just because it's not written does not mean it's not an enforceable term. 

Thanks for this, do you know if their argument would hold up at a tribunal? Still unsure whether I should risk taking this all the way.

You haven't even taken the first step yet, so considerations of 'all the way' are premature IMO.

IMO, it is NOT a frivolous point and therefore may be advanced as regards PCN1. You would then get a reply. This might contain procedural improprieties which themselves are grounds for appeal irrespective of the initial defence.

But none of this is going to happen unless you make reps!

Hi All,

Just wanted to let you know that I received a rejection letter to my representation.
One of the points I argued was that the council did not send a reminder to renew my permit. The rejection letter states that: "Having checked the permit record, I can see a reminder letter was set up automatically, however, it appears the system did not generate the renewal reminder letter to send out."

I have a date at the tribunal in which I will be using this statement as evidence for my case. Any further advice would be welcome.

Post the rejection in full.

I tried but it says the server is full.

Classing someone who forgot to renew their permit as a 'persistent evader' is an abuse of what this means.

Usually it is:


A persistent evader is a person that has three or more outstanding PCN's that have not been paid, represented or appealed against within the statutory time limits.

and these is what they say in their rejection.